Law:

Section:

(a) Pakistan (Administration of Evacuee Property) Act (XII of 1957)-- ----S. 7(2)---Trust property---Vesting of evacuee property in Custodian= Trustees migrated out of Pakistan after independence---Right or interest vested in Custodian qua such property---Scope---Right or interest which came to vest in the Custodian was only to the extent held by the evacuee trustees and; as such, the same was no more than management of affairs of trust. (b) Evacuee Trust Properties (Management and Disposal) Act (X111 of 1975)--- ----S. 14---Civil Courts, bar of jurisdiction---Non-evacuee property treated as an evacuee trust property---Effect---Any notification with regard to non-evacuee property was outside the scope of Evacuee Trust Properties (Management and Disposal) Act, 1975 and the same was unauthorised and without jurisdiction-- Act without jurisdiction could always be checked by a Civil Court and then finding to that effect recorded in the lower appellate did not call for, any interference. Hamid Hussain v. Government of West Pakistan and others 1974 SCMR 356 ref. JUDGMENT The applicants. have questioned concurrent judgments in Civil Appeal No. 103 of 1989 arid Civil Suit No. 210 of 1985 passed by the learned District Judge, Larkana and the learned IInd Senior Civil Judge, Larkana 2. The respondents Nos.l to 7 in their plaint had averred that the agricultural land measuring 102-22 acres situated in the Mangedja, Taluka ;Warrah, District Larkana (herein after referred as the subject property), after inclusion in the schedule of Government land by the Barrage Department, was granted to the said respondents on full rate conditions by the Assistant Revenue Officer, Sukkur Barrage in open katchery held on 13-4-1983. The grant was confirmed vide order dated 20-4-1983 and the possession of the subject land has uninterruptedly been with the said respondents who have improved it through substantial investment. It is further averred in the plaint that during last week of October, i 984 the said respondents came to know that the respondents No. 8 to 12 had filed a Civil suit No. 93 of 1983 against the Colonization Officer and other Barrage authorities claiming. themselves as…

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